ARJUN Vs. STATE OF DELHI

JUDGEMENT

(1.) THE present appeal has been preferred by the Appellant Arjun impugning the judgment and order on sentence dated 31.03.2011 passed by learned Addl. Session Judge in Session Case No. 1/07 whereby he has been held guilty for committing the offences punishable under Sections 363/376 IPC for kidnapping and committing rape on the child victim aged about 4 1/2 years and sentenced to undergo RI for three years with fine of Rs. 500/ - and in default, to undergo RI for seven days for the offence punishable under Section 363 IPC and further to undergo RI for ten years with fine of Rs. 1,000/ - and in default, to undergo RI for 15 days for the offence punishable under Section 376 IPC.

(2.) PERUSAL of the record reveals that vide judgment dated 27.03.2008 the Appellant was convicted and sentenced by learned Addl. Session Judge only for committing the offence punishable under Section 376 IPC. When the Appellant impugned his conviction and sentence by filing Criminal Appeal. No. 367/2008, vide order dated 19.07.2010, this Court remanded back the matter for the purpose of further recording the statement under Section 313 CrPC of the Appellant and return a finding on the charge under Section 363 IPC. After complying with the directions of this Court in Crl. A. No. 367/2008, vide judgment and sentence dated 31.03.2011 the Appellant has been convicted for committing the offence punishable under Section 363/376 IPC and sentenced in the manner stated above. Feeling aggrieved by his conviction and sentence for the offences punishable under Section 363/376 IPC, the Appellant has questioned the legality and validity of the judgment and order on sentence dated 31.03.2011 passed by learned Addl. Session Judge on the following grounds: -

(3.) IN brief the case of the prosecution is that on 6.9.2006 at about 5.50 a.m., DD No. 41A Ex.PW -2/E was recorded at P.S. Sangam Vihar in respect of information received from Telephone No. 26046779 about the rape being committed on a five year old girl by the person who had been apprehended. The said DD was assigned to ASI Karambir who along with constable Rajbir left for the spot.